News & Analysis as of

Motion to Dismiss False Statements Food Labeling

Foley & Lardner LLP

Ninth Circuit Precedent Limits Fraud-Based Label Claims

Foley & Lardner LLP on

It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading requirements of Federal...more

King & Spalding

Searching for the Reasonable Consumer

King & Spalding on

Every state prohibits the use of false or misleading advertising on food labeling. In many food false advertising cases, the battleground is whether the “reasonable consumer” would be deceived by the challenged label...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

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